Deprivation of Liberty Safeguards (DoLS) & Mental Capacity Act 2005

Mental Capacity Act 2005

The purpose of the Act is to empower and protect people who are unable to make some or all decisions for themselves, because they lack mental capacity. The Act applies to people who are 16 years old and over.

Mental capacity is not a blanket decision, for example some people may be able to make decisions about social activities but not complicated decisions about their healthcare

Here are some examples of why people lack mental capacity:

Dementia

A severe learning disability

A brain injury

A mental health condition

A stroke

A state of being unconscious due to an accident or anaesthetic

If after providing appropriate support someone lacks capacity to make an important decision, the Act states that a decision should be made in their Best Interests. In this situation, the least restrictive options should be taken and the individual should have an Independent Mental Capacity Act (IMCA) advocate appointed to ensure their views are heard.

Five guiding principles:

Presume capacity

Do all you can to support the individual to make their own decisions

Do not conclude that an individual lacks capacity because they make unwise decisions